. : CONSIDERATION OF COMPLAINTS AND APPEALS

 

OPINION
of Mr. Gabil Orujov, Member of Expert Group under Central Election (Referendum) Commission of the Republic of Azerbaijan established with the aim of investigating the complaints of actions (inactions) and decisions that violate citizens’ suffrage on investigating the complaint by Mr. Gulagha Aslanli, authorized representative of Musavat Party related with Municipal Elections appointed to 23 December 2009

Baku city                                                                                              14 November 2009         At 12:00

In his complaint addressed to the Central Election Commission of the Republic of Azerbaijan on 13 November 2009, Mr. Gulagha Aslanli informed that a group of persons nominated to the municipality membership on Garadagh Con.EC # 11 by Musavat Party were obliged to withdraw their candidacies under the oppression of the director of Derin Ozuller plant and other persons.
G.Aslanli asked for taking relevant activities defined by law related to this.
As the appeal was legally compiled pursuant to Election Code and “Instruction on the rules for submitting complaints and appeals related to violating suffrage to Central Election Commission and Constituency Election Commissions and considering them” and submitted in the defined period, it was accepted to investigation.
In the process of investigation, the authorized representative Mr. Gulagha Aslanli was kept contact with and informed on his rights to present additional evidences and participate in the investigation. G.Aslanli stated that he had not any additional evidence to present except the information included in the complaint and intend to participate in the investigation process of the complaint.
I conducted investigation on the entered appeal. The persons mentioned in the complaint related to the investigation were kept contact with and were asked to inform on the concrete persons who imposed oppression for them to withdraw their candidacies.
But Novruz Ahmadov, Fuzuli Fattahov, Khanbala Gasimzade and Akif Najafli who withdrew their candidacies informed with their explanations in contravention with the facts included in the complaint that they had not been exposed to any oppression for withdrawing their candidacies, so they did this on their own will.
By summarizing the facts defined at the result of the investigation, pursuant to Articles 1112, 112-1 of Election Code of the Republic of Azerbaijan and items # 1, 2, 4 and 6, 7 of Instruction “on the rules for submitting complaints and appeals related to violating suffrage to Central Election Commission and Constituency Election Commissions and considering them”, I came to conclusion:

  1. As the complaint is groundless, it shall not be implemented.
  2. The opinion shall be published within 24 hours since its adoption (it shall be located on the web site of the Central Election Commission) and its copy shall be sent to the complainer.

Member of Expert Group under
Central Election Commission
of the Republic of Azerbaijan                                                                                                                                                                       Gabil Orujov


Central Election Commission • Baku - Azerbaijan
AZ 1000 3 Rasul Rza
Tel/Fax: (994 12) 493 60 08 • E-mail: office@cec.gov.az
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